Ex-worker wins $10.8 million against IBP

Posted: Tuesday, February 06, 2001

MAX ALBRIGHTGlobe-News Special Projects Writer

A former slaughter superintendent at IBP won a $10.8 million verdict Monday against the Amarillo meat packing plant.

A federal jury in Amarillo determined that Steven M. Klumpe was fired in 1997 because he refused to perform an illegal act, according to court records. Klumpe, who now works as a slaughter superintendent at the ConAgra plant in Greeley, Colo., said he was pleased.

"I'll say it was right against wrong, good versus evil," Klumpe said.

IBP attorney Kelly Utsinger said the case and the legal motions have not ended yet as the judge still has to enter a judgment.

"It's a little premature to determine what the eventual outcome of this case will be because of the legal issues," Utsinger said.

The jury might have been confused by issues not important to the case, Utsinger said, and, if need be, IBP will appeal.

Amarillo attorney James Wood, who represented Klumpe, said the jury heard the case.

"We are delighted with the verdict," Wood said.

In his lawsuit, Klumpe alleged he was fired for refusing to deceive his stepson, who also worked at IBP, into signing an IBP workplace injury settlement and waiver.

Klumpe's lawsuit, filed in federal court in Amarillo, alleged it would have been an illegal act to secure his stepson's signature on the form.

Klumpe's stepson, Chris Escamillia, was injured in 1997, Wood said. Escamillia lost all his right fingers to the top of the knuckles, Klumpe said.

The jury awarded Klumpe $10 million for damages after finding "clear and convincing evidence" that IBP's "malice" resulted in harm to Klumpe, according to court records. Klumpe also was awarded $117,000 for lost earnings and benefits; $535,000 for probable future lost earnings; $75,000 for past emotional pain and suffering, mental anguish, loss of enjoyment of life and inconvenience; and $75,000 for future suffering, according to court records.

Deception occurs "when a person causes another person to sign any document affecting money or other property and does so by deception with the intent to defraud or harm any person," said Judge Mary Lou Robinson of the U.S. District Court for the Northern District of Texas, Amarillo Division, during her instructions to the jury.